ALEXANDER v. STATE

52380.

139 Ga. App. 338 (1976)

228 S.E.2d 364

ALEXANDER v. THE STATE.

Court of Appeals of Georgia.

Decided July 16, 1976.


Attorney(s) appearing for the Case

Edwin T. Cotton, for appellant.

D. E. Turk, District Attorney, for appellee.


MARSHALL, Judge.

Appellant was tried and convicted of burglary and sentenced to serve 20 years. He appeals and enumerates seven errors, which assert two basic issues: (1) Whether there was a fatal variance in the allegata and the probata; and (2) whether he was harmed by a delay in the hearing of his motion for new trial. Held:

1. The indictment charged appellant with burglary in that he did unlawfully and with force of arms "without authority and with...

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